First Substitute H.B. 3002

Representative Kenneth W. Sumsion proposes the following substitute bill:
1 STATE BOARD OF EDUCATION BOUNDARIES AND
2 ELECTION DESIGNATION
3 2011 THIRD SPECIAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kenneth W. Sumsion
6 Senate Sponsor: Ralph Okerlund
7
8 LONG TITLE
9 Redistricting Boundary Information:
10 The State Board of Education district boundary information may be found at
11 .
12 Block assignment file security code: 35e41680576f16be2de0a2b3d9b237e7
13 General Description:
14 This bill, which includes this printed text and the electronic data affiliated with it,
15 establishes new State Board of Education district boundaries and makes other technical
16 corrections.
17 Highlighted Provisions:
18 This bill:
19 . repeals current State Board of Education district boundaries and establishes new
20 State Board of Education district boundaries;
21 . establishes election dates for State Board of Education districts to ensure that State
22 Board of Education terms are staggered;
23 . establishes the block assignment file, which is part of this bill in electronic form, as
24 the legal boundaries of State Board of Education districts; and
25 . makes technical corrections.
26 Money Appropriated in this Bill:

27 None
28 Other Special Clauses:
29 This bill takes effect on January 1, 2012, for purposes of nominating and electing
30 certain members of the State Board of Education and on January 1, 2013, for all other
31 purposes.
32 Utah Code Sections Affected:
33 AMENDS:
34 20A-14-102, as last amended by Laws of Utah 2011, Chapter 74
35 20A-14-102.1, as enacted by Laws of Utah 2001, Second Special Session, Chapter 2
36 20A-14-102.2, as last amended by Laws of Utah 2005, Chapter 169
37 20A-14-102.3, as enacted by Laws of Utah 2011, Chapter 74
38 20A-14-103, as last amended by Laws of Utah 2011, Chapter 297
39 ENACTS:
40 20A-14-101.1, Utah Code Annotated 1953
41 20A-14-101.5, Utah Code Annotated 1953
42 REPEALS:
43 20A-14-101, as repealed and reenacted by Laws of Utah 2001, Second Special Session,
44 Chapter 2
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 20A-14-101.1 is enacted to read:
48 20A-14-101.1. Definitions.
49 As used in this section:
50 (1) "Board" means the State Board of Education.
51 (2) "Board block assignment file" means the electronic file that assigns each of Utah's
52 115, 406 census blocks to a particular State Board of Education district.
53 (3) "Census block" means any one of the 115, 406 individual geographic areas into
54 which the Bureau of the Census of the United States Department of Commerce has divided the
55 state of Utah, to each of which the Bureau of the Census has attached a discrete population
56 tabulation from the 2010 decennial census.
57 Section 2. Section 20A-14-101.5 is enacted to read:

58 20A-14-101.5. State Board of Education -- Number of members -- State Board of
59 Education district boundaries.
60 (1) The State Board of Education shall consist of 15 members, with one member to be
61 elected from each State Board of Education district.
62 (2) The Legislature adopts the official census population figures and maps of the
63 Bureau of the Census of the United States Department of Commerce developed in connection
64 with the taking of the 2010 national decennial census as the official data for establishing State
65 Board of Education district boundaries.
66 (3) (a) The Legislature enacts the numbers and boundaries of the State Board of
67 Education districts designated in the Board block assignment file that is the electronic
68 component of the bill that enacts this section.
69 (b) That Board block assignment file, and the State Board of Education district
70 boundaries generated from that Board block assignment file, may be accessed via the Utah
71 Legislature's website.
72 Section 3. Section 20A-14-102 is amended to read:
73 20A-14-102. State Board of Education districts.
74 (1) (a) The Legislature shall file [copies of the official maps] a copy of the Board block
75 assignment file enacted by the Legislature with the lieutenant governor's office.
76 (b) The legal boundaries of State Board of Education districts are contained in the
77 [official maps] Board block assignment file on file with the lieutenant governor's office.
78 [(2) When questions of interpretation of state board district boundaries arise, the
79 official maps on file in the lieutenant governor's office shall serve as the indication of the
80 legislative intent in drawing the state board district boundaries.]
81 [(3) Maps identifying the boundaries for state board districts may be viewed on the
82 Internet at the lieutenant governor's website.]
83 (2) (a) The lieutenant governor shall:
84 (i) generate maps of each State Board of Education district from the Board block
85 assignment file; and
86 (ii) ensure that those maps are available for viewing on the lieutenant governor's
87 website.
88 (b) If there is any inconsistency between the maps and the Board block assignment file,

89 the Board block assignment file is controlling.
90 Section 4. Section 20A-14-102.1 is amended to read:
91 20A-14-102.1. Omissions from maps -- How resolved.
92 (1) If any area of the state is omitted from a State Board of Education district in the
93 [maps] Board block assignment file enacted by the Legislature, the county clerk of the affected
94 county, upon discovery of the omission, shall attach the area to the appropriate [state board]
95 State Board of Education district according to the requirements of Subsections (2) and (3).
96 (2) If the omitted area is surrounded by a [state board] single State Board of Education
97 district, the county clerk shall attach the area [shall be attached] to that district.
98 (3) If the omitted area is contiguous to two or more State Board of Education districts,
99 the county clerk shall attach the area [shall be attached] to the district that has the least
100 population, as determined by the official census population figures and maps described in
101 Subsection 20A-14-101.5 (2).
102 (4) [Any attachment] The county clerk shall certify in writing and file with the
103 lieutenant governor any attachment made under [Subsection (1) shall be certified in writing and
104 filed with the lieutenant governor] this section.
105 Section 5. Section 20A-14-102.2 is amended to read:
106 20A-14-102.2. Uncertain boundaries -- How resolved.
107 (1) As used in this section, "affected party" means:
108 (a) a state school board member whose [state school board] State Board of Education
109 district boundary is uncertain because the [identifying feature] boundary in the Board block
110 assignment file used to establish the district boundary has been removed, modified, or is unable
111 to be identified or who is uncertain about whether or not [he] the member or another person
112 resides in a particular [state board] State Board of Education district;
113 (b) a candidate for state school board whose [state board] State Board of Education
114 district boundary is uncertain because the [identifying feature] boundary in the Board block
115 assignment file used to establish the district boundary has been removed, modified, or is unable
116 to be identified or who is uncertain about whether or not [he] the candidate or another person
117 resides in a particular [state board] State Board of Education district; or
118 (c) a person who is uncertain about which [state board] State Board of Education
119 district contains the person's residence because the [identifying feature] boundary in the Board

120 block assignment file used to establish the State Board of Education district boundary has been
121 removed, modified, or is unable to be identified.
122 (2) (a) An affected party may file a written request petitioning the lieutenant governor
123 to determine:
124 (i) the precise location of the [state board] State Board of Education district boundary;
125 (ii) the number of the [state board] State Board of Education district in which a person
126 resides; or
127 (iii) both Subsections (2)(a)(i) and (ii).
128 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
129 governor shall review the [official maps] Board block assignment file and obtain and review
130 other relevant data such as aerial photographs, aerial maps, or other data about the area.
131 (c) Within five days of receipt of the request, the lieutenant governor shall review the
132 [maps] Board block assignment file, obtain and review any relevant data, and make a
133 determination.
134 (d) If the lieutenant governor determines the precise location of the [state board] State
135 Board of Education district boundary, the lieutenant governor shall:
136 (i) prepare a certification identifying the appropriate State Board of Education district
137 boundary and attaching a map, if necessary; and
138 (ii) send a copy of the certification to:
139 (A) the affected party;
140 (B) the county clerk of the affected county; and
141 (C) the Automated Geographic Reference Center created under Section 63F-1-506 .
142 (e) If the lieutenant governor determines the number of the [state board] State Board of
143 Education district in which a particular person resides, the lieutenant governor shall send a
144 letter identifying that district by number to:
145 (i) the person;
146 (ii) the affected party who filed the petition, if different than the person whose [state
147 board] State Board of Education district number was identified; and
148 (iii) the county clerk of the affected county.
149 Section 6. Section 20A-14-102.3 is amended to read:
150 20A-14-102.3. County clerk, Automated Geographic Reference Center, and

151 lieutenant governor responsibilities -- Maps and voting precinct boundaries.
152 (1) Each county clerk shall obtain [copies of the official maps] a copy of the Board
153 block assignment file for the clerk's county from the lieutenant governor's office.
154 (2) (a) A county clerk may create one or more county maps that identify the boundaries
155 of [state board] State Board of Education districts as [shown on the official maps] generated
156 from the Board block assignment file.
157 (b) Before publishing or distributing any map or data created by the county clerk that
158 identifies the boundaries of [state board] State Board of Education districts within the county,
159 the clerk shall submit the county map and data to the lieutenant governor and to the Automated
160 Geographic Reference Center for review.
161 (c) Within 30 days after receipt of a county map and data from a county clerk, the
162 Automated Geographic Reference Center shall:
163 (i) review the county map and data to evaluate if the county map and data accurately
164 reflect the boundaries of [state board] State Board of Education districts established by the
165 Legislature in the [official maps] Board block assignment file;
166 (ii) determine whether the county map and data are correct or incorrect; and
167 (iii) communicate those findings to the lieutenant governor.
168 (d) The lieutenant governor shall either notify the county clerk that the county map and
169 data are correct or inform the county clerk that the county map and data are incorrect.
170 (e) If the county clerk receives notice from the lieutenant governor that the county map
171 and data submitted are incorrect, the county clerk shall:
172 (i) make the corrections necessary to conform the county map and data to the [official
173 maps] Board block assignment file; and
174 (ii) resubmit the corrected county map and data to the lieutenant governor for a new
175 review under this Subsection (2).
176 (3) (a) Subject to the requirements of this Subsection (3), each county clerk shall
177 establish voting precincts and polling places within each [state board] State Board of Education
178 district according to the procedures and requirements of Section 20A-5-303 .
179 (b) Within five working days after approval of voting precincts and polling places by
180 the county legislative body as required by Section 20A-5-303 , each county clerk shall submit a
181 voting precinct map identifying the boundaries of each voting precinct within the county to the

182 lieutenant governor and to the Automated Geographic Reference Center for review.
183 (c) Within 30 days after receipt of a voting precinct map from a county clerk, the
184 Automated Geographic Reference Center shall:
185 (i) review the voting precinct map to evaluate if the [county] voting precinct map
186 accurately reflects the boundaries of [state board] State Board of Education districts established
187 by the Legislature in the [official maps] Board block assignment file;
188 (ii) determine whether the voting precinct map is correct or incorrect; and
189 (iii) communicate those findings to the lieutenant governor.
190 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
191 map is correct or notify the county clerk that the voting precinct map is incorrect.
192 (e) If the county clerk receives notice from the lieutenant governor that the voting
193 precinct map is incorrect, the county clerk shall:
194 (i) make the corrections necessary to conform the voting precinct map to the [official
195 maps] Board block assignment file; and
196 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
197 Automated Geographic Reference Center for a new review under this Subsection (3).
198 Section 7. Section 20A-14-103 is amended to read:
199 20A-14-103. State Board of Education members -- When elected -- Qualifications
200 -- Avoiding conflicts of interest.
201 [(1) (a) In 2002 and every four years thereafter, one member each shall be elected from
202 new Districts 2, 3, 5, 6, 9, 10, 14, and 15 to serve a four-year term.]
203 [(b) In 2004 and every four years thereafter, one member each shall be elected from
204 new Districts 4, 7, 8, 11, 12, and 13 to serve a four-year term.]
205 [(c) (i) Because of the combination of certain former districts, the state school board
206 members elected from old Districts 2 and 4 who will reside in new District 1 may not serve out
207 the term for which they were elected, but shall stand for election in 2002 for a term of office of
208 four years from the realigned district in which each resides.]
209 [(ii) If one of the incumbent state school board members from new District 1 indicates
210 in writing to the lieutenant governor that the school board member will not seek reelection, that
211 incumbent state school board member may serve until January 1, 2003 and the other incumbent
212 state school board member shall serve out the term for which the member was elected, which is

213 until January 1, 2005.]
214 (1) (a) Unless otherwise provided by law, each State Board of Education member
215 elected from a State Board of Education District at the 2010 general election shall:
216 (i) serve out the term of office for which that member was elected; and
217 (ii) represent the realigned district if the member resides in that district.
218 (b) At the general election to be held in 2012, a State Board of Education member
219 elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
220 to serve a term of office of four years.
221 (c) In order to ensure that the terms of approximately half of the State Board of
222 Education members expire every two years:
223 (i) at the general election to be held in 2012, the State Board of Education member
224 elected from State Board of Education District 1 shall be elected to serve a term of office of
225 two years; and
226 (ii) at the general election to be held in 2014, the State Board of Education member
227 elected from State Board of Education District 1 shall be elected to serve a term of office of
228 four years.
229 (2) (a) A person seeking election to the [state school board] State Board of Education
230 shall have been a resident of the [state school board] State Board of Education district in which
231 the person is seeking election for at least one year as of the date of the election.
232 (b) A person who has resided within the [state school board] State Board of Education
233 district, as the boundaries of the district exist on the date of the election, for one year
234 immediately preceding the date of the election shall be considered to have met the requirements
235 of this Subsection (2).
236 (3) A State Board of Education member shall:
237 (a) be and remain a registered voter in the [state board] State Board of Education
238 district from which the member was elected or appointed; and
239 (b) maintain the member's primary residence within the [state board] State Board of
240 Education district from which the member was elected or appointed during the member's term
241 of office.
242 (4) A [member of the] State Board of Education member may not, during the member's
243 term of office, also serve as an employee of:

244 (a) the [board] State Board of Education;
245 (b) the Utah State Office of Education; or
246 (c) the Utah State Office of Rehabilitation.
247 Section 8. Repealer.
248 This bill repeals:
249 Section 20A-14-101, State Board of Education -- Number of members -- District
250 boundaries.
251 Section 9. Effective date.
252 This bill takes effect on January 1, 2012, for purposes of nominating and electing
253 certain members of the State Board of Education and on January 1, 2013, for all other
254 purposes.